2011 Cases

December 20, 2011

Vincent Green

Vincent Green, Green Key, Inc., was indicted by the Jefferson County Grand Jury on four felony counts of Theft by Failure to Make Required Disposition of Property. These charges are related to $38,189.64 in collected sales tax and withholding tax that was not remitted to the Commonwealth. Debra Clancy investigated this case. Jefferson Circuit Court Indictment 11-CR-003759, and presented it for prosecution.

December 19, 2011

Versie Antle

Versie Antle of Russell Springs, Kentucky pled guilty to two felony counts of Theft by Failure to Make Required Disposition of Property and two felony counts of Theft by Deception. She was sentenced to five years which was diverted for five years or until restitution is paid in full. These counts were in relation to the operation of a business, East 80 Chevron, Inc., and the failure to remit collected sales and use tax and payroll withholding tax, along with the issuance of two bad checks to the Department of Revenue. Ms. Antle was required by the court to pay restitution in the amount of $22,459.49 at the rate of $150 per month. Debra Clancy investigated this case and presented it for prosecution. The case is Russell Circuit Court indictment 11-CR-00025.

December 12, 2011

Gene and Teresa Pulley

Gene and Teresa Pulley were both sentenced to eight years for one count of Theft by Failure to Make Required Disposition of Property 0-$10,000 and three years for each of four counts of Theft by Failure to Make Required Disposition of Property 0-$300, all Class D felonies. In addition to these charges they were sentenced to three years on each of nine counts of Theft by Deception, all Class D felonies. They were given pretrial diversion for five years or until all restitution ($54,013.30) owed the Department of Revenue is paid in full. As a condition of this diversion they are not allowed to own or operate a business in ​​Kentucky that involves the collection of sales or withholding tax. These cases, Logan Circuit Indictments CR-10-00061 and CR-10-00062, were in reference to unremitted sales tax and withholding tax and were investigated by Debra Clancy.

​November 16, 2011

Nancy Nesbitt

Nancy Nesbitt, New Horizon Pizza, Inc., pled guilty to three counts of Theft by Failure to Make Required Disposition of Property and one count of Theft by Deception, both felonies, in Jefferson Circuit Court. She was sentenced to five years which was diverted for five years or until restitution is paid in full. The total amount of restitution is $112,077.99. This is in reference to unremitted sales tax and a check that was returned by the bank for insufficient funds. Debra Clancy investigated this case, Jefferson Circuit Court Indictment 10-CR-3966, and presented it for prosecution.

November 4, 2011

Wesley Hamilton

Wesley Hamilton pled guilty to two counts of Theft by Failure to Make Required Disposition of Property, one for theft of sales tax and one for theft of payroll withholding tax in relation to the business East Kentucky Security Plus, Inc. He was given five years on each count, to be served concurrently. He was granted pretrial diversion for five years during which he must pay restitution of $14,526.55. Debra Clancy investigated this case, Franklin Circuit Court indictment 11-CR-00045, and presented it for prosecution.

November 1, 2011

James F. “Chum” Tackett

James F. “Chum” Tackett of Jenkins, Kentucky pled guilty to five felony counts of Filing a Fraudulent Individual Income Tax Return. These charges are in relation to Tackett’s Kentucky individual income tax returns for 2005, 2006, 2007, 2008, and 2009. Robin Kinney investigated this case and presented it for prosecution. It is Letcher Circuit Court indictment 10-CR-00137. Mr. Tackett will be sentenced in January 2012.

October 24, 2011

David H. Crouse, Jr.

David H. Crouse, Jr., of Crouse Concrete, Inc., pled guilty to 24 felony counts of Theft by Failure to Make Required Disposition of Property, involving the failure to remit to the state sales tax and payroll withholding taxes. Mr. Crouse was sentenced to two years. He was given probation for five years or until all restitution, in the amount of $184,980.25, is paid. Debra Clancy investigated this case and presented it for prosecution. It is Franklin Circuit Court indictment 10-CR-000038.

September 27, 2011

William B. Tuttle

William B. Tuttle entered a guilty plea in Montgomery County Circuit Court, to two felony counts of Theft by Failure to Make Required Disposition of Property. Mr. Tuttle was indicted in October 2009 in reference to sales tax and withholding tax that was collected on behalf of his business, and never remitted to the Commonwealth. The business was B T’s Quick Mart, LLC and was located in Mt. Sterling, Kentucky. The total theft amount was $48,358.03. Mr. Tuttle was sentenced to five years under Pretrial Diversion. He must make full restitution to the Department of Revenue during this time. Debra Clancy investigated this case, Montgomery Circuit Court Indictment 09-CR-00244-001, and presented it for prosecution.

September 9, 2011

Angela Winkle

Angela Winkle entered a guilty plea, in Franklin Circuit Court, to five felony counts of Theft by Deception. Ms. Winkle was indicted in September 2010 in reference to submitting five checks to the Department of Revenue that purported to pay sales tax that had been collected on behalf of her business, Winks Carryout. The business was located in Carrollton, Ky. The checks were returned by the bank for insufficient funds. The total theft amount was $20,691.33. Ms. Winkle was sentenced to five years under pretrial diversion. She must make full restitution to the Department of Revenue during this time. Debra Clancy investigated this case, Franklin Circuit Court Indictment 10-CR-00188, and presented it for prosecution.

August 10, 2011

Lorna Oaks

Lorna Oaks of Stanford, Kentucky, pled guilty to one count of Theft by Failure to Make Required Disposition of Property. She entered into a three-year period of pretrial diversion, which includes payment of restitution to the Department of Revenue in the amount of $13,192.99. The charge was in connection with a business, FabricShop.com, and Ms. Oaks’ failure to remit sales tax collected from February 2006 through September 2009. Debra Clancy investigated this case and presented it for prosecution. It is Lincoln County Circuit Court Indictment 11-CR-00030.

August 8, 2011

Jonathan N. Leber

Jonathan N. Leber, who had been indicted on three felony counts of Criminal Possession of a Forged Instrument Second Degree, entered a plea of guilty to all counts. Leber, an accountant from Glasgow, Ky., was charged in relation to forged releases on liens filed by the Department of Revenue. Each of the three counts was given a three-year sentence to run concurrently. Probation was granted for five years. David Whitehouse investigated this case and presented it for prosecution. It is Bullitt Circuit Court Indictment 10-CR-00453.

May 11, 2011

Kelly Miller

Kelly Miller of Pineville, Kentucky was indicted on five felony counts of Filing a False Individual Income Tax Return. These charges are in connection with individual income tax returns that were filed for tax years 2003, 2004, 2005, 2006, and 2007. Robin Kinney investigated this case and presented it for prosecution. The case is Franklin Circuit Court indictment 11-CR-00080.

Brooke Jones

Brooke Jones of Middlesboro, Kentucky was indicted on two felony counts of Failure to File an Individual Income Tax Return (2005, 2006), and one felony count of Filing a False Individual Income Tax Return (2007). Robin Kinney investigated this case and presented it for prosecution. The case is Franklin Circuit Court indictment 11-CR-00081-002.

Melody Jones

Melody Jones of Middlesboro, Kentucky was indicted on five felony counts of Failure to File an Individual Income Tax Return (2003, 2004, 2005, 2006, 2007). Robin Kinney investigated this case and presented it for prosecution. The case i. Franklin Circuit Court indictment 11-CR-00081-001.

May 5, 2011

Eugene Francis Hibben

Eugene Francis Hibben of near Bedford, Kentucky, pled guilty in Franklin Circuit Court to one felony count of Filing a False Kentucky Individual Income Tax Return for the 2009 tax year. Hibben was given a one-year prison sentence, probated for five years. Hon. Larry Cleveland prosecuted this case to its conclusion. Robin Kinney investigated this case and presented it for prosecution. The case is Franklin Circuit Court indictment 10-CR-00222.

​January 14, 2011

Marvin Berkowitz

Marvin Berkowitz of Jerusalem, Israel pled guilty in United States District Court for the Northern District of Illinois to a one count of conspiracy to defraud the Internal Revenue Service and to commit mail and wire fraud and one count of mail fraud. These charges are in relation to an income tax refund fraud scheme in which Berkowitz and his co-defendants defrauded and attempted to defraud the Internal Revenue Service and several states. Ann Roe investigated the portions of this case that affected Kentucky and identified and halted $454,926 in fraudulent Kentucky refunds connected to this scheme. These were identified and reported to the IRS as part of their investigation of this case. The case was prosecuted to its conclusion by Hon. Charles E. Ex, Hon. Maureen E. Merin and Hon. Dylan Smith. The case is United States District Court for the Northern District of Illinois indictment 09-CR-144.​